IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA st ON THE 1 OF FEBRUARY, 2024 WRIT PETITION No. 744 of 2023 BETWEEN:-

SMT. RADHA LANGRI W/O RAHUL LANGRI, R/O 525, SANDIPANI

1. NAGAR, UJJAIN, TEHSIL UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

SMT. VIMLA GURJAR W/O SURAJ SINGH GURJAR, R/O 526, 2. SANDIPANI NAGAR, UJJAIN, TEHSIL UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

.....PETITIONERS (BY SHRI TEHJEEB KHAN, ADVOCATE.)

AND THE COMMISSIONER, MUNICIPAL CORPORATION UJJAIN, 1.

DISTRICT UJJAIN (MADHYA PRADESH)

BUILDING OFFICER, ZONE-5, MUNICIPAL CORPORATION UJJAIN, 2.

DISTRICT UJJAIN (MADHYA PRADESH)

SUPERINTENDENT OF POLICE, UJJAIN, DISTRICT UJJAIN (MADHYA

3.

PRADESH)

.....RESPONDENTS (RESPONDENT NO.1 & 2 BY SHRI RISHI TIWARI, ADVOCATE.)

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This petition coming on for orders this day, the court passed the following:

ORDER

The petitioners have filed the present petition seeking compensation for the demolition of their house illegally by respondent Nos.1 & 2.

02. The petitioner No.1 purchased the house bearing No.467, EWS Signature Not Verified Signed by: DIVYANSH situated at Sandapani Nagar, Ujjain, and another house bearing No.556 situated at EWS, Sandapani Nagar, Ujjain vide registered sale deed dated 03.04.2019 and 16.07.2020 respectively. Likewise, petitioner No.2 purchased the house bearing No.526 situated at EWS, Sandapani Nagar, Ujjain. The husband of petitioner No.1 also purchased house No.466, EWS, Sandapani Nagar, Ujjain vide registered sale-deed dated 19.09.2016 from Sanjay Singh Thakur attorney holder of Smt. Rahisa Bi. Petitioner No.2 purchased house No.527, EWS, Sandapani Nagar, Ujjain vide registered sale-deed dated 09.03.2021, she also purchased another house bearing No.525, EWS, Sandapani Nagar, Ujjain vide registered sale-deed dated 30.03.2022 and another house No.503, EWS, Sandapani Nagar, Ujjain vide registered sale deed dated 21.07.2022.

03. According to the petitioners, petitioner No.2 was served two notices before the demolition of houses No.525, 526 & and 527 by giving one day time to submit the reply. On 12.12.2022 the petitioner No.2 approached the civil Court by filing an application under Section 94 of Civil Procedure Code, 1908 in which status quo was granted on 12.12.2022. According to petitioner No.1, on 13.12.2022 without giving any notice respondents Nos. 1 & 2 demolished houses No.466 & 467. The petitioners by way of this petition are claiming compensation, disciplinary action, and injunction from demolishing the remaining portion of the house.

04. Vide order dated 10.01.2023, this Court granted interim protection to the petitioner. Thereafter, the Municipal Corporation filed the reply describing the powers of demolition under Sections 293 & 294 of the M.P. Municipal Corporation Act, 1956 (for brevity “Act of 1956”) and protection from payment of compensation under Section 306 of the Act of 1956. According to the respondent, houses No.466 & 467, EWS, Sandipani Nagar, Ujjain were raised in violation of the provisions of the Signature Not Verified Signed by: DIVYANSH Municipal Corporation Act. Shri Tiwari learned counsel submitted that no building permission was obtained by the petitioners before constructing the houses in question, therefore, the same has rightly been demolished. It is further submitted that notice dated 12.10.2022 was served by way of affixture and no reply was filed for two months, therefore, no option was left but to issue a notice under Sections 307 & 406 of the Act of 1956. It is further submitted by the learned counsel that the names of petitioner No.1 are not recorded as owners of houses No.467 & 477. So far as houses No.525, 526 & 527 are concerned, they were also raised contrary to the building permission and encroached on the MOS area. The notice under Section 307 of the Act of 1956 was served. It is further submitted that after the passing of the order dated